Money, morality and law : a case for financial crisis accountability

목차 (Table of Contents)

• CONTENTS
• About the Author = v
• Dedication and Acknowledgments = xxi
• Notes and Disclaimers = xxiii
• Preface = xxv
• List of Figures = lv
• Chapter 1 Introduction = 1
• 1.01 Context = 1
• 1.02 True Scope of the Financial Crisis Affecting Ordinary Americans = 5
• 1.03 Ordinary Americans Have Been Injured in Fact = 8
• 1.04 Money Debasement Constitutes an Intentional Misrepresentation of Money and Assets Denominated in That Money = 10
• 1.05 The Emperor Has No Clothes = 14
• 1.06 The Washington and Wall Street Enterprise's Message Constitutes a Web of Intentionally False Narratives = 22
• 1.07 Existing Literature Skirts Legal Accountability for Money Debasement Driven Financial Crises = 25
• 1.08 Risky Money Manipulation = 28
• 1.09 Washington and Wall Street Money Manipulation Is Money Debasement = 30
• 1.10 Three Structural Failures = 35
• 1.11 The Washington and Wall Street Enterprise = 37
• 1.12 The Flow of This Work = 43
• Chapter 2 Money = 47
• 2.01 The Nature of Money = 47
• 2.02 Banks and Money Are Inseparable = 52
• 2.03 Intervention by the State in Money and Banking = 53
• 2.04 Money in an Ideal System = 65
• 2.05 Concentration of Money and Power = 67
• 2.06 The Necessity of a Standard of Value for Sovereign Money and the Final Settlement Medium Asset = 76
• 2.07 The Ancient Understanding of Money and the Foundation of the United States = 82
• 2.08 A New Understanding of Money Following the Founding of the United States = 82
• 2.09 Money Is a Basic and Crucial Social Mechanism Based on Moral Principles = 84
• 2.10 Concluding Observations = 89
• Chapter 3 Shadow Money and Shadow Banking = 91
• 3.01 Credit Money and Shadow Money = 91
• 3.02 Risk and Uncertainty Are Inherent in Credit Money = 95
• 3.03 Structured Finance or Structured Credit = 96
• 3.04 Moral and Legal Evolution of Shadow Banking = 108
• 3.05 Sacrifice of Traditional Principles of Commercial Banking Law in Shadow Banking = 118
• 3.06 The Fed and Shadow Banking = 137
• 3.07 Concluding Observations = 143
• Chapter 4 Money Debasement = 145
• 4.01 Ancient Crime = 145
• 4.02 Debasement of the Dollar Is a Matter of Fact = 150
• 4.03 Money Debasement and Law = 157
• 4.04 A Legal Claim Based on the Intentional Tort of Money Debasement Goes to the Heart of Americas Moral and Legal Foundations = 170
• 4.05 Civil and Criminal Accountability for Money Debasement = 171
• 4.06 Money Debasement Redistributes Wealth and Income = 184
• 4.07 Ordinary Americans Are the American Sovereign = 188
• 4.08 Concluding Observations = 192
• Chapter 5 Money and Morality = 193
• 5.01 The Prime Washington Wall Street False Narrative = 193
• 5.02 Honesty Versus the Ends Justifying the Means = 193
• 5.03 Failure of Honest Money as a Moral Social Covenant = 202
• 5.04 False Narrative That Monetary Morality Is Separate from the Law of Money = 203
• 5.05 Universal or Natural Law, Morality, and Ethics as a Jurisprudential Foundation for the American Rule of the Law of Money = 219
• 5.06 The Moral Foundation of Enforcement of the American Law of Money = 224
• 5.07 Concluding Observations = 228
• Chapter 6 Degradation of the American Law of Money = 233
• 6.01 The Tortured Path of the Law of Monetary Duties and Accountability = 233
• 6.02 The Constitutional Framework for the American Law of Money = 235
• 6.03 American Borrowing Versus Money Debasement to Finance Existential War = 244
• 6.04 Greenbacks, the Legal Tender Acts and National Banks as Partners with Washington in the Creation of Money = 249
• 6.05 Financial Crisis in 1929 : End of the Domestic Gold Standard In 1933-The Pecora Report - Glass Steagall - The SEC, the FDIC, and Money = 275
• 6.06 The Nixon Shock and the Oil Crisis = 285
• 6.07 Concluding Observations = 295
• Chapter 7 The Washington Wall Street Enterprise Web of False Narratives = 297
• 7.01 False Narrative : Ordinary Americans Excess Borrowing Caused the Financial Crisis = 297
• 7.02 False Narrative : American Economic and Monetary Policy Are Not Constrained by Law = 304
• 7.03 Although Congress Has the Power It Does Not Necessarily Have the Duty to Regulate the Value of Money = 306
• 7.04 False Narrative : Tradition Regulation of the Value of Money by a Standard Such as the Gold Standard Is an Anachronism = 307
• 7.05 False Narrative : Constitutional Money, the Value of Which Is Regulated by Congress Is Obsolete: It Has Been Lawfully-Constitutionally--Superseded by Fiat Money = 311
• 7.06 False Narrative : The Constraints of Traditional Commercial Law Can Be Replaced Through Conversion of Debt Instruments into Securities Protected only Disclosure Requirement of Securities Laws = 313
• 7.07 False Narrative : Congress Has Lawfully Delegated to the Fed and the Fed Has Lawfully Delegated to Wall Street the Power and Duty to Create, Emit and Regulate the Value of the Dollar = 322
• 7.08 Legal Requirements for Congressional Delegation of Powers and Duties = 327
• 7.09 False Narrative: The Federal Safety Net Protects Ordinary Americans from the Ravages of Money Debasement by Protecting Bank Depositors and Banks too Big to Fail = 349
• 7.10 False Narrative: Sovereign Money and Shadow Money Can Safely Dwell in Separate Regulatory Spheres = 350
• 7.11 False Narrative : The Regulated Monetary System Is Separate and Insulated from the Shadow Banking System = 354
• 7.12 False Narrative : Shadow Money Does Not Act as Sovereign Money = 356
• 7.13 False Narrative : Dodd Frank Held Washington and Wall Street Accountable for the Financial Crisis = 360
• 7.14 Concluding Observations = 364
• Chapter 8 False Narrative of Asset Liquidity and Value = 367
• 8.01 American Economic, Fiscal, Monetary Theory Policy and Action Are Subject and Subordinate to the American Rule of Law = 376
• 8.02 Deregulation, Liquidity and Asset Values = 378
• 8.03 An Independent Regulated Constitutional Standard of Value Is Essential for the Creation and Circulation of Constitutional, Trusted, Honest, Safe and Sound Sovereign Money in America = 387
• 8.04 Bank Asset Valuation, Liquidity, Safety and Soundness and the Flawed Certainty of Generally Accepted Accounting Principles = 397
• 8.05 Banks and Bankers Duty and Standard of Care = 401
• 8.06 Systemic Risk, Banking and Financial Crises = 411
• 8.07 Chairman Alan Greenspan and the Failure of Bank Regulation = 413
• 8.08 Concluding Observations = 415
• Chapter 9 Enforcement of Financial Crisis Accountability = 419
• 9.01 Nature of Claims for Financial Crisis Accountability = 419
• 9.02 The Tortured Path of the Law of Monetary Duty and Accountability = 422
• 9.03 Denial of Due Process under and Equal Protection of the Law = 424
• 9.04 Abuse of Power: Anti-trust, Anti-monopoly and Anti-tying Law = 426
• 9.05 Bank Fraud and RICO = 429
• 9.06 Public Policy and Common Law Precedent for the Case for Financial Crisis Accountability = 442
• 9.07 Class Action in Pares Patriae by One or More States Attorneys General = 444
• 9.08 Definition of a Class of Plaintiffs in a Case for Financial Crisis Accountability = 445
• 9.09 Ordinary Americans Have Suffered Discrete, Palpable Injuries in Fact Caused by the Washington Wall Street Enterprise = 447
• 9.10 Practical, Technical and Procedural Issues = 448
• 9.11 Concluding Observations = 471
• Chapter 10 Concluding Observations = 477
• 10.01 Washington and Wall Street Are Accountable for the Financial Crisis = 477
• 10.02 Washington and Wall Street Have Accomplished Their Concentration of Income, Wealth, and Power Through Ancient Crime of Money Debasement = 479
• 10.03 Enforcement of Financial Crisis Accountability Does Not Pose an Existential Threat to America = 484
• 10.04 Weak, Ineffective and Unenforced Banking Law and Regulation Proves No Substitute to the Recognition and Enforcement of Washington and Wall Street Fiduciary Monetary Powers and Duties = 498
• 10.05 First Principles of Moral and Legal Accountability for Abuse of Power and Intentional False Misrepresentation of Asset Value Through Money Debasement = 499
• 10.06 The Essence of Civil and Criminal Accountability for Financial Crises = 502
• 10.07 The False Promise of Committee and Regulatory Investigations and Reports = 507
• 10.08 Financial Crisis Accountability Can Be Found in Our Existing American Law, Accounting and Our Judicial System = 508
• 10.09 Restorative Justice = 512
• 10.10 This Case Is a Civil Rights Case = 512
• 10.11 Structure Payment of Monetary Damages and Restorative Justice = 514
• 10.12 Practical Recommendations for Ordinary Americans to Initiate Legal Action for Financial Crises = 514
• 10.13 Concluding Thoughts and Recommendations = 515
• End Notes = 520